SAVE THE DRAGON
News & Litigation Update
Monterey County Dock Threat
As many of you already know, Monterey County has been sending out letters that state:
“…docks out of the water and below the ‘high water mark’ (800 ft) are still subject to Dock Fees, and that by July 2022 the Agency (Monterey County) will revoke dock licenses that are not renewed. Once revoked the dock owner will need to remove the dock from the reservoir.”
NRWMAC board member Steve Blois requested clarification of the MC dock policy at the Monterey ResOps meeting in March, and again in April, as the above statement from MC does not appear in either dock ordinance 4065 or 5344. Steve also stated that while NRWMAC agrees and supports the vast majority of MC’s dock program, NRWMAC does not agree with the MC position that Ordinance 4065 grants them the authority to collect dock fees on docks that are out of the water and below the high-water mark.
In-fact, Ordinance 4065, Section 4, paragraph (b), which talks about renewal licenses, specifically allows an exemption for “a previously registered dock… that has been left high and dry and is not refloated until after April 1”. If that language is not clear enough, the following sentence states “Renewal is not required during any year in which the dock remains out of the water for the entire licensing year.”
There is no mention of ‘high-water mark’ anywhere in the renewal section of the ordinance. Any reasonable reading of the above language can only be interpreted to allow the deferral of dock renewal fees if the dock is not floating for the entire licensing year.
NRWMAC has officially responded to Monterey County regarding this issue, and our response is posted here:
Both MC Dock Ordinance 4065 and amendment 5344 can be seen here:
More dock information can be found at the NRWMAC Knowledge Base here, under MCWRA Dock Fees:
NRWMAC vs Monterey County
NRWMAC continues litigation against Monterey County and the agencies that mismanage Lake Nacimiento and their continued push against the recreational rights on the lake and area.
A portion of the lawsuit has been referred to the State Water board to determine if Monterey County exceeded their yearly release quota, which NRWMAC asserts based on their published releases for at least one past year. Once that portion of the lawsuit is settled, the suit returns to the San Luis Obispo Superior court for the breach of contract portion of the lawsuit.
In April NRWMAC and attorneys attended the first referral proceeding which basically outlined how the proceedings will go forward with the State Water Board, getting all parties known and the initial discussions. More hearings are set for May and June and we shall provide all information we can as it becomes known.
We Need Your Support
Shortly, we will be back in court fighting the major battle with Monterey. It’s very costly to fund our hardworking legal team. Now more than ever, we need you to support NRWMAC’s efforts on your behalf. We urgently need an influx of dollar donations at this time.
The links below will take you directly to GoFundMe or PayPal Private Donation sites to conveniently make a donation. If you prefer to write a check, please make it out to NRWMAC and mail to: NRWMAC, PO BOX 398, Paso Robles, CA 93447
2A NRWMAC representative attends all the Monterey County Reservoir Operations Committee meetings (“RESOPS”) to ensure that its constituents’ voices are heard. (NRWMAC has a seat on the RESOPS board as a result of a prior lawsuit against Monterey County.) Members of the NRWMAC Board of Directors conduct outreach meetings and have participated in media interviews in order to apprise the public of developments concerning the lake. And it has filed lawsuits and complaints with state regulatory agencies to protect the lake and its constituents.]
Thank you for your continued support.
– Links to more documents and the NRWMAC Legal Actions can be found here : NRWMAC Knowledge Base